Hello,

I raised a comment on the following article; www.honestjohn.co.uk/insurance/advice/can-you-buy-.../

I am unsure how likely it is to be found / picked up so thought I would raise the same questions here. Any help would be greatly appreciated!

Many thanks

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Reading your statements regarding Cat B vehicles with significant interest. In summary I was involved in an accident (fault claim) whereby my vehicle was deemed by the insurer's independant engineer as a Cat B.

Following a lengthy process - the insurer has repudiated my claim for which I am currently in the ombudsman process. As a separate issue - my vehicle was for a period held at a well known salvage auction company.

I explicitly informed my insurer that nothing was to happen to the vehicle whilst my claim was in dispute, and that in addition, I remained the legal owner of the vehicle (it has never been signed over). Despite this, and their agreement not to dispose of the vehicle - the insurer proceeded to dispose of my vehicle anyway - to which they openly admit all the above facts. I was offered £1200 salvage (which I declined) by the insurer for a vehicle worth ~£50k. They defended their position by saying they had images to prove there was no value left in the vehicle.

The insurer have essentially committed theft and fraud.

I have since located my vehicle which was sold by the auction house to a company in the Netherlands. This company has a large number of parts listed for sale online with warranties that include the engine, gear box, alloys, etc. The total retail value of the listed parts is £51k! My vehicle was less than 2 years old, and still under manufacturer warranty with circa 13k on the clock.

The initial response of the ombudsman clerk (proceeding to full at this time) was that I would have 'had' to sell my vehicle to a salvage agent anyway, and since insurers have preferable rates - I would not have achieved more than the £1200 offered - therefore they consider this a fair outcome.

There is a significant assumption they have made that I would have 'had' to sell my vehicle to a salvage agent. I see nothing in the COP to state this, and as stated - its not legally enforceable anyway. The article suggests I could have chosen to dispose of the parts in whatever way I chose (place into another vehicle, sell privately, etc)? Do you have any reference for this I can provide to the full ombudsman to backup my position?

My case is even stronger in that I still own the vehicle - it is not a buy back off the insurer. So unless there is a legal document compelling me to sell my vehicle to salvage - I cannot see how the ombudsman's statement holds up.

Edited by Marcel Price on 18/09/2019 at 14:45